s 104 Electronic communications apparatus
(1) Where an order is made under Article 102 and immediately before the date on which the order became operative there was, under, in, on, over, along or across the right of way any electronic communications apparatus kept installed for the purposes of an electronic communications code network , the operator of that network shall have the same powers in respect of that apparatus as if the order had not become operative; but the Department shall be entitled to require the alteration of the apparatus. (2) If the operator of an telecommunications code network removes any electronic communications apparatus in circumstances in which paragraph (1) applies and serves a notice on the Department notifying the Department of the removal, the operator shall be entitled to recover from the Department the expense of providing in substitution for the apparatus and any electronic communications apparatus connected therewith which is rendered useless in consequence of the removal, any electronic communications apparatus in such other place as the operator may require. (3) Paragraph 108(2) of the electronic communications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this Article as it applies for the purpose of that code. (4) Part 6 of the electronic communications code (restriction on removal of apparatus) shall apply in relation to any entitlement conferred by this Article to require the alteration, moving or replacement of any electronic communications apparatus as it applies in relation to an entitlement to require the removal of any such apparatus. (5) The Communications Act 2003 and the electronic communications code set out in Schedule 3A to that Act apply for the interpretation of this Article and paragraph (2)(c) of Article 103 as it applies for the interpretation of that Act and that code.